A student snapped this photo of a food vending truck in Memphis, where a customer is perched precariously on some portable steps placing an order. The steps should be both longer and wider for stability and to avoid missteps and missed steps. On the other hand, give the vendor credit for the safety cones.

A first-year University of Memphis law student sent along this picture from the parking garage where most students park.  The picture came as a follow-up to our class discussion in Torts II of the use of exculpatory clauses by, among others, parking garages.

Exculpatory clauses–which invariably appear on the back of tickets customers receive when they enter a parking garage–operate to relieve negligent actors of liability. Exculpatory clauses generally will be upheld if clearly written, so long as they do not pertain to an essential public  service, such as medical care or education. Courts are split on whether parking garages qualify as essential public service within this rule.

Here the student pointed to two large holes in the concrete on one of the upper-levels where someone has attached, with small fasteners, thin sheets of metal as covers (that’s light shining from the floor below). She noted that ”part of the one hole is still exposed where someone’s foot could fall through,” but said it made her even more nervous to think that large cars were depending on the thin sheets for support.

Okay, not quite the stairway to heaven, but this long ladder could give the user a good head start. (All pics are expandable.) This picture from a University of Memphis law student makes me shudder.

Ladders are one of the most dangerous consumer products. A study published by the U.S. National Institutes of Health estimated that 2.2 million people received treatment in emergency rooms for ladder injuries during the 16-year-period from 1990-2005, an average of 136,000 cases a year.

Nearly 10% of injuries resulted in hospitalization, roughly twice that of consumer product-related injuries overall.

Other ladder injury data from the study included:

• Men predominated over women in the percentage of injuries (76.5%).
• Fractures were the most common type of injury (31.5%).
• The number of ladder-related injuries increased by more than 50% from 1990 to 2005.
• Of the cases for which locale of injury was recorded, 97.3% occurred in non-occupational settings, such as homes and farms.

Don’t underestimate the risks of ladders. Did you know that extension ladders need to be set up at a 75 and 1/2 degree angle (the “4 to 1 rule”) to minimize the risk of slipping? Here are some other ladder safety tips from the Industrial Accident Prevention Association.

“Let’s see, where should we build the dangerous fireworks retail outlet?”

“How about right here next to these dangerous gasoline pumps?”

“Perfect!”

University of Memphis law student Ella Hernandez caught this funny juxtaposition on a Florida vacation. (Click on the pic to expand and fully appreciate.)

This picture has the makings of a classic Torts exam question. Just throw in some lightning and a school bus careening out of control.

In 2010, the University of Memphis law school changed locations, moving from the main university campus to the magnificent, beautifully restored ($42 million worth) U.S. Customs House downtown on the Mississippi River.

The building is incredible, but as with any new gigantic construction project, quite a few punch-list items remained. Immediately, students started spotting and reporting dangerous premises conditions, which were forwarded to the administration.

This particular condition comprised significant drop-offs without barriers on both sides of the main entry doors.

The administration must have agreed it was dangerous because the concrete planters were in place within two days.

Good fix! The drop-offs were not easily visible even in daylight as you can see in the second picture.

… 50 yards from a preschool.

University of Memphis law student Leighann Ness sent this picture of a dangerous water-filled hole a stone’s throw from the Nashville preschool attended by her daughter.

Meanwhile, while awaiting corrective action, we can all rest easy that this ribbon of yellow tape will effectively protect nearby toddlers and others.

Leighann reported that her non-lawyer husband–who had attended a Torts class with her–is the one who actually spotted the problem. As I always say, Spot the Tort is a game for the whole family!